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David M. McMillan
Associate

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New York
45 Rockefeller Plaza
New York, NY 10111-0100

T 212.847.2838
F 212.589.4201

Admissions

  • New York, 2010
  • Massachusetts, 2010

Education

  • J.D., Fordham University School of Law, 2009, cum laude
  • M.S., Education, Pace University, 2006
  • B.A., Cornell University, 2004, with distinction

David M. McMillan

David McMillan’s practice centers on general civil litigation in the federal courts, with an emphasis on bankruptcy, securities and international law-related issues. He works primarily on matters in connection with BakerHostetler’s role as counsel to the Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS), participating in numerous adversary proceedings to recover fraudulent transfers for the fund of customer property. David also has significant experience with the procedural and substantive elements of litigation involving foreign parties in federal court, including issues such as international service of process, international discovery, foreign blocking statutes, personal jurisdiction, jurisdictional discovery and forum non conveniens.

Relevant Matters

  • Organizing international service of process—in Hague and non-Hague Convention jurisdictions—on hundreds of foreign defendants in actions initiated by the BLMIS Trustee;
  • Pursuing international discovery on behalf of the SIPA Trustee from numerous individuals and entities located in foreign jurisdictions;
  • Defending the SIPA Trustee against motions to dismiss by foreign parties for lack of personal jurisdiction and forum non conveniens; and
  • Participating in summary judgment motion in connection with the SIPA Trustee’s action to recover fraudulent transfers in Picard v. Katz, et al.

Prior to joining BakerHostetler, David was an associate at a trusts and estates firm where he focused on litigation involving the probate of wills and the administration of decedents’ estates.

During law school, David served as Senior Notes and Articles Editor on the Urban Law Journal and published a Note entitled “Barring ‘Analogous State Law Claims’ is No Excuse: Haywood v. Drown and States’ Obligation to Enforce Section 1983,” 36 Fordham Urb. L.J. 945 (2009). He also completed an internship for the Honorable Shirley Werner Kornriech of the New York State Supreme Court, worked as a clinical student in Fordham’s Federal Litigation Clinic and sat on the Board of Student Advisors. Prior to law school, David taught mathematics in conjunction with the New York City Teaching Fellows program.